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Check out a few excerpts from Vladimir Gagic’s recent post below.

Vladimir hosted an online radio program via Blogtalkradio where Jodi’s trial was discussed. Click here to listen to the recording if you missed it.

SJ
Team Jodi

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Jodi Arias: Has the Government proven Murder One?

As far as I am concerned, the only issue in the Jodi Arias trial is has the government proven premeditation. That of course, is important because if the government has not proven premeditation, they cannot convict her of murder in the first degree and thus the death penalty is off the table. And while the government has also alleged murder in the first degree by way of felony-murder, that allegation is so specious as not to even warrant a response.

The government has not proven premeditation, and in fact, could not do so under any circumstances. Without direct evidence, either a confession by Ms. Arias that she intended to kill Mr. Alexander, as in “I wanted to kill to him”, or an overt act such as hiring a hit man or waiting in wait in ambush, the government cannot prove premeditation beyond a reasonable doubt. Note that I am not saying she did not intend to kill him or that there is not very good reason to suspect that she intended to kill him, just that the government will not be able to prove it beyond a reasonable doubt. And that has been clear since day one. Someone asked me on twitter a question along the lines of “she lied so she doesn’t get the death penalty?”. My answer, yes, exactly right. To paraphrase Lt. Kaffee from a “Few Good Men”, it doesn’t matter what we know; it only matters what we can prove.

Instead of proving premeditation with direct evidence, the government is trying to do so with circumstantial evidence. So far the attempt has been, with the most charitable interpretation possible, pathetic. While the law does not recognize a distinction between direct and circumstantial evidence, there is a jury instruction that says exactly that, the inference the government wishes the jury to draw from the circumstantial evidence is, dare I say, comically lacking.

If they could have proven the gun that Ms. Arias used to shoot Mr. Alexander was in fact stolen by Ms. Arias then that would be very good evidence of premeditation. But they have not done so; nor are is the government able to do so. On cross examination, the government has asked her number of questions regarding gas cans. This could be fruitful to the government’s allegation of premeditation, but the prosecution has not closed the loop on this point.

In particular, my assumption is that there trying to prove Ms. Arias used gas cans to avoid being seen in Arizona at a gas station by either a witness or cameras. That, if true, would show planning of at least something. So why then didn’t Mr. Prosecutor flat out ask Mr. Arias if that was her intent? Instead, he avoided asking her that question because of one thing: fear. Mr. Prosecutor is afraid she will have an answer for the question and the jury will believe her. So he is instead doing what trial lawyers have been trained to do, save the ultimate question for closing argument when the other side has no chance to contradict your argument.

Under all circumstances, such a approach is cowardly and craven…

Click here to continue reading this post…

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Vladimir hosted an online radio program via Blogtalkradio where Jodi’s trial was discussed. Click here to listen to the recording if you missed it.

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